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FL S0822
Bill
Status
2/4/2011
Primary Sponsor
Ellyn Bogdanoff
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AI Summary
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Amends Florida's expert testimony standards (s. 90.702) to require that expert opinions be based on sufficient facts or data, reliable principles and methods, and proper application of those methods to the case facts
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Adopts the federal "Daubert" standard for evaluating expert testimony, requiring Florida courts to follow three U.S. Supreme Court decisions: Daubert v. Merrell Dow Pharmaceuticals (1993), General Electric Co. v. Joiner (1997), and Kumho Tire Co. v. Carmichael (1999)
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Eliminates Florida's use of the "Frye" standard (Frye v. United States, 1923), which previously governed admissibility of expert scientific testimony in the state
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Restricts disclosure of otherwise inadmissible facts or data to juries unless the court determines the probative value in evaluating the expert's opinion substantially outweighs any prejudicial effect
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Effective date of July 1, 2011
Legislative Description
Expert Testimony
Last Action
Indefinitely postponed and withdrawn from consideration
5/7/2011